What is BNS Section 115?
BNS Section 115 deals with the offence of voluntarily causing hurt under the Bharatiya Nyaya Sanhita, 2023. A person voluntarily causes hurt when they intentionally or knowingly cause bodily pain, disease, or infirmity to another person. Under Section 115(2), the punishment may extend to one year of imprisonment, or a fine up to ₹10,000, or both.
Is Bail Available in BNS Section 115?
Yes. BNS Section 115(2) is generally a bailable and non-cognizable offence. An accused person has the legal right to apply for bail, and bail is ordinarily granted upon compliance with the prescribed legal procedure. The offence is triable by any Magistrate.
Step-by-Step Process to Apply for Bail
Step 1: Consult a Criminal Lawyer
Although BNS Section 115 is generally a bailable offence, consulting a qualified criminal lawyer can help ensure the proper legal procedure is followed.
Step 2: Obtain the FIR or Complaint Documents
Collect copies of:
- FIR or complaint (if registered)
- Arrest Memo (if applicable)
- Medical report (if available)
- Statements of witnesses
- Charge Sheet (if filed)
- Other relevant case documents
Step 3: Prepare the Required Documents
Keep the following documents ready:
- Identity proof
- Address proof
- Bail application (if required)
- Supporting documents
- Surety documents (if required)
Step 4: Apply for Bail
If arrested, the accused may request bail before the police officer or the competent Magistrate, depending on the stage of the proceedings and the applicable legal procedure.
Step 5: Verification of Documents
The authorities may verify:
- Identity of the accused
- Residential address
- Surety documents (if required)
- Other supporting documents
Step 6: Furnish Bail Bond
The accused may be required to execute a bail bond and furnish surety as directed by the competent authority.
Step 7: Release on Bail
After the bail bond is accepted and legal formalities are completed, the accused may be released on bail.
Step 8: Comply with Bail Conditions
After release on bail, the accused should:
- Appear before the court whenever required.
- Cooperate with the investigation.
- Not threaten or influence witnesses.
- Not tamper with evidence.
- Comply with all conditions imposed by the court.
Step 9: Attend Court Proceedings
Attend every court hearing unless specifically exempted by the court.
Step 10: Follow Legal Advice
Remain in contact with your advocate and follow all legal directions throughout the proceedings.